A BILL TO BE ENTITLED
AN ACT allowing counties to require the use of solid waste and recycling collection services.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 16 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑292.1.  Power to require the use of solid waste collection services.
(a)	A county may by ordinance require an owner of improved real property to do any of the following:
(1)	Place solid waste in specified places or receptacles for the convenience of county collection and disposal.
(2)	Separate materials before the solid waste is collected.
(3)	Participate in a recycling program by requiring separation of designated materials by the owner or occupant of the property prior to disposal. An owner of recovered materials, as defined by G.S. 130A‑290(a)(24), retains ownership of the recovered materials until the owner conveys, sells, donates, or otherwise transfers the recovered materials to a person, firm, company, corporation, or unit of local government. A county may not require an owner to convey, sell, donate, or otherwise transfer recovered materials to the county or its designee. If an owner places recovered materials in receptacles or delivers recovered materials to specific locations, receptacles, and facilities that are owned or operated by the county or its designee, then ownership of these materials is transferred to the county or its designee.
(4)	Participate in any solid waste collection service provided by the county or by a person who has a contract with the county if the owner or occupant of the property has not otherwise contracted for the collection of solid waste from the property.
(b)	A county may impose a fee for the solid waste collection service provided in accordance with subdivision (4) of subsection (a) of this section. The fee may not exceed the costs of collection."
SECTION 2.  This act is effective when it becomes law.